DISPOSITIVE:

“WHEREFORE, the petition is DENIED. The assailed Decision dated December 2, 2016 and the Resolution dated April 10, 2017 of the Court of Appeals in CA-G.R. SP No. 143770 are hereby AFFIRMED with MODIFICATIONS, awarding to petitioner Remegio E. Burnea attorney’s fees equivalent to ten percent (10%) of the monetary awards due to him, and imposing on all monetary awards legal interest at the rate of six percent ( 6%) per annum from finality of the Decision until fully paid.

So Ordered.”

SUBJECTS/DOCTRINES/DIGEST:

In cases of illegal dismissal, the employer bears the burden of proof to prove that the termination was for a valid or authorized cause. However, it is well to clarify that before the employer bears such burden, it is imperative for the employee to first establish by substantial evidence that he/she was indeed dismissed from employment. Absent such dismissal, there could be no question as to its legality or illegality.36

…………………………..

Nonetheless, since petitioner was awarded salary differentials, holiday pay, and service incentive leave pay, subject to the three (3)-year prescriptive period, to be reckoned from November 3, 2011 up to the date of his dismissal on November 17, 2013 as alleged in the complaint, he is also entitled to attorney’s fees equivalent to ten percent (10%) of the total monetary award in accordance with Article 11139 of the Labor Code and Article 220840 of the Civil Code, as the latter was clearly compelled to litigate to protect his rights and interests thereto. Finally, in line with prevailing jurisprudence, all monetary awards due to petitioner shall earn legal interest at the rate of six percent (6%) per annum from finality of this Decision until fully paid.41

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

<object class="wp-block-file__embed" data="https://jabbulao.files.wordpress.com/2021/08/scd-2021-0009-remegio-e.-burnea-vs-security-trading-corporation-et-al.pdf&quot; type="application/pdf" style="width:100%;height:600px" aria-label="Embed of <br><br><br><br><span class="has-inline-color has-vivid-red-color">scd-2021-0009-remegio-e.-burnea-vs-security-trading-corporation-et-al



scd-2021-0009-remegio-e.-burnea-vs-security-trading-corporation-et-alDownload

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.